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Woman hit by dumper truck wins battle to change road traffic law (13 December 2017)

Date: 13/12/2017
Duncan Lewis, Personal Injury Solicitors, Woman hit by dumper truck wins battle to change road traffic law

When Charli Lewington suffered severe injuries as a result of a road traffic accident caused by two uninsured stolen dumper trucks, she was denied compensation by the Motor Insurance Bureau. Nearly five years later, she has been granted compensation and has helped change the law for those who drive “off-road vehicles”.

The Motor Insurance Bureau was set up to protect those who are involved in road traffic collisions with uninsured and untraced drivers. However, Charli Lewington was told that she was not eligible for compensation because the dumper trucks are classed as “off-road” vehicles.

Owners of motorised lawnmowers, golf buggies, mobility scooters and private land-use tractors all come under the scope of “off-road” vehicles, in that they do not operate on public roads, meaning historically they have not been required to have third party insurance. This means that anyone involved in an accident with an “off-road” vehicle would be left without financial protection.

Charli Lewington has been left with chronic pain and has limited movement in her arm as a result of the collision. When she claimed for compensation under the Untraced Drivers’ Agreement 2003, her claim was denied. She appealed the decision, and her application was denied twice, before the High Court ruled in her favour.

This ruling has effectively changed the law - “off-road” vehicles are now required to have insurance, should they be intended for road use.

The change in the law will allow future victims of “off-road” collisions to be protected by the driver’s third party insurance. The change in law also means anyone hit by an uninsured “off-road” vehicle will be eligible for compensation from the Motor Insurance Bureau.

Duncan Lewis Personal Injury Solicitors - Road Traffic Accident

Duncan Lewis’ Personal Injury department specialises in a range of personal injury claims, including road traffic accidents, which can result in the following injuries:

  • Amputation;
  • Burns/abrasions;
  • Cognitive impairment;
  • Concussion (mild, moderate or severe);
  • Chest injuries;
  • Crush injuries;
  • Dislocations;
  • Eye injury or loss of an eye;
  • Facial disfigurement;
  • Fractures;
  • Head/brain injury;
  • Internal injuries;
  • Laceration/scarring;
  • Spinal injuries; and
  • Whiplash injuries.

Our personal injury solicitors have extensive experience in all personal injury matters, including claims for general and special damages, and can advise on how to make a no-win-no-fee compensation claim.

For expert legal advice call Duncan Lewis Personal Injury solicitors on 0333 772 0409.

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